Legal Question in Real Estate Law in California
Deeds
My grandfather passed away in May 2008. There was no trust, only a non-recorded will leaving his condo to my father. We need to get the deed changed with LA County, but they are saying without an attorney, there is nothing we can do. The loan holder is requiring a recorded deed in my father's name before they put the loan in his name. What is the easiest/cheapest way to do this?
3 Answers from Attorneys
Re: Deeds
Your father would have to open probate to transfer the real property to his name.
Re: Deeds
I am sorry for the loss of your grandfather. Your father will have to file a petition to probate the estate in the Los Angeles Superior Court. Probate is very complicated. Attorney's fees are paid from the estate at the conclusion of the probate.
If you would like a free initial consultation, please contact me. I have over 25 years experience in probate and estate administration.
Good luck and thank you for your inquiry.
Re: Deeds
Unfortunately, there is no easy or quick way to deal with this. With only a will (and, hopefully a valid will), your father will need to retain an attorney, and open a probate for your grandfather's estate. In doing so, all of your grandfather's creditors need to be notified of his death, and a statutory period then opens in which they can file claims. Generally, the creditors will have to be paid first before any assets, such as the property, can be transferred. This process will take a while and cost some money, but it really is the only way to accomplish the title transfer.
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